Is Wooden Indian to blame for crime?

In a year, 109 calls; officials disagree on what should be done.

In a year, 109 calls; officials disagree on what should be done.

April 25, 2007|Tribune Staff Report

SOUTH BEND -- Has the Wooden Indian seen more than its fair share of trouble? In the wake of the fatal shooting of South Bend police Cpl. Nick Polizzotto and wounding of Patrolman Michael Norby, County Council member Heath Weaver, D-District H, thinks so and says it's time something is done about it. "I am sure I speak for the whole of our district when I say this is a terrible tragedy and we mourn the loss of one of South Bend's finest," he said. "Police officers are dying at an unacceptable rate over the last 10 years in our communities. "The most recent shootings occurred in District H near a location, the Wooden Indian, that has been a 'haven' for criminal activity for most of its life as a business. Ask any police officer and they will tell you the same. "As the county councilman who represents that particular district, I think it is time to take any and all legal action against this 'haven.' We cannot allow businesses that are frequented by the criminal element to continue to operate in our communities. When we do, tragedies such as this one are inevitable." But even though the Wooden Indian has been a frequent site of police calls and crimes over the years, the motel has not been on the city's list of places that need to be closed. And even if South Bend wanted to close the business, there may be nothing to do about it. "It's a fluid population. It's not always the same tenants that cause the problems," Assistant City Attorney Ann-Carol Nash said. And that's the rub. The last incident in Nash's file for the Wooden Indian was from June 2006 when she sent a letter after a drug incident, asking for an end to the illegal acts. Before that, it was 2004 when drugs were found in a different room and a letter was sent. The Wooden Indian Motel is a familiar place to police officers. Police said they, firefighters and emergency medical services personnel took a total of 133 calls to the motel in the last 12 months. Of those, 109 were police calls. They included calls of assaults, robberies and weapons, drug and intoxication charges. Nash doesn't consider everything that police respond to, because the incidents do not all fall within the city's ordinances pertaining to citing properties as public nuisances or disorderly houses. If illegal conduct continues after a property owner has been warned, the city can take the owner to court. But Nash has to be able to show there is a connection between the owner and the activity. "If we have evidence the owner encouraged illegal activity, then we take some action," said Nash, explaining the standard she must follow. "Just because there have been problems at the place doesn't mean I could convince a judge the problems are the fault of the owners," Nash said. "Some people are long-term residents, law-abiding, very decent people who live there," Nash added. "I'd be reluctant to make life worse for them." The attorney said there really have only been a few instances in which the city has revoked a license or taken legal action to close a business. That primarily has involved bars. The fact that a place like the Wooden Indian is the scene of a crime does not automatically make the location a nuisance, Nash said. "While we don't want that anywhere, we do get occasional complaints but those are not enough to declare it a "disorderly house," she added. In response, Weaver firmly disagreed. The councilman said there should be more concern because when you have random acts and participants changing, "it's even more difficult to control." "It attracts a criminal element," Weaver said, adding that he also doesn't think that the ownership is doing what is necessary to prevent the criminal element from living there. "The place is a dangerous place and we had an officer killed there," Weaver said. "The violence is not an isolated incident." The County Council member said he would like to review every incident and every police call to see "if this is the kind of place we should be looking at very closely" and "to see if it should be closed for the betterment of the community." Owner has responded As far as South Bend code enforcement records, the motel has not had any significant violations since 2001, said Catherine Toppel, director of code enforcement. When there is a complaint, the owner always has responded and brought the property up to the minimum code requirements, Toppel said. She said the motel meets the city's building and environmental requirements. Both Toppel and Nash noted the owner does the minimum required when a problem arises with his property. Still, the Wooden Indian's reputation is bad enough to have made trouble for the owner in other business ventures. Ronald Koehler bought the old Holy Cross Living Center between Russell and Queensboro avenues in Mishawaka and planned to convert it into apartments. But he had to get a variance from the city for the number of parking spaces required. Neighbors objected, worried that it might attract the same kind of renters as the Wooden Indian. The Mishawaka Board of Zoning Appeals turned down that request in 2005. And in 2006, at the urging of the city's planning staff, members of the Common Council changed its zoning from multifamily to single-family, ending any threat of apartments. "We had concern with the potential use (of the old nursing home)," said city planner Ken Prince. "The concept was what concerned us." Those who are close by Dale Hamel has owned Club Landing next door to the Wooden Indian Motel since 1989. He said the owner of the motel has tried to improve the atmosphere there, but the place has still "been a problem." "There are a lot of cars in my parking lot that I question why they're there," he said. "I often find drug paraphernalia in the lot. I think it's time they do something." Others feel the same. Tom Roush, 42, used to live at the motel and now lives next door. "I didn't like going over there; there were too many drugs," he said. "I used to have prostitutes coming up to me. It wasn't a good place for me." Motel management declined to comment until police finish their investigation. A manager did say he turned over the motel's security tapes to authorities. Tuesday morning's violence was enough to scare Bryan Hill, 33, away for good. "As soon as my car is fixed I'm moving out," he said. "This was too much." Anthony Franklin, 31, who has lived there since November, said the motel "isn't as bad as some people say it is," but it's had its share of problems. "Police are out here a lot, mostly for domestic disputes," he said. Franklin also plans to move out. "I was on the verge of moving anyway, but I think this was kind of the clincher," he said. "What would happen if that was my kid that had been over there?" Tribune staff writers Marti Goodlad-Heline, Jim Wensits, Alicia Gallegos, Jamie Loo and Tom Moor contributed to this report.Staff writer Marti Goodlad Heline: mheline@sbtinfo.com (574) 235-6327